Pappu Ram Vs. State of Rajasthan

Pappu Ram vs State of Rajasthan

Disposition Application allowed Court Rajasthan Decided Mar 03, 2003

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Citation: sooperkanoon.com/751368
Court: Rajasthan High Court
Judge: A.C. Goyal, J.
Decided On: Mar 03, 2003
Case Number: S.B. Criminal Misc. Bail Application No. 5873 of 2002
Subject: Criminal
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, 1973 - Section 438--Anticipatory bail--Offence under Sections 498-A and 406, IPC--Additional Sessions Judge declined bail--Hence bail application--Held, articles of Stridhan have already been returned--There is no mention of any article neither in FIR nor in complaint--In facts and circumsta...

Key legal issue: Criminal
Outcome / disposition: Application allowed
Acts & sections: Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC) - Sections 406 and 498A

Parties & Advocates

Appellant / Petitioner

Pappu Ram

Advocate Shaileshra Balbloda, Adv.

Respondent

State of Rajasthan

Advocate Rajesh Gosmani, Public Prosecutor

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC) - Sections 406 and 498A
Reported In: RLW2003(2)Raj828; 2004(4)WLC309; 2003(2)WLN380

Excerpt

criminal procedure code, 1973 - section 438--anticipatory bail--offence under sections 498-a and 406, ipc--additional sessions judge declined bail--hence bail application--held, articles of stridhan have already been returned--there is no mention of any article neither in fir nor in complaint--in facts and circumstances bail granted--concerned sho directed to act accordingly in case of arrest of petitioner.;bail application allowed - - as well as in the statement of the complainant.goyal, j.1. heard learned counsel for the petitioner learned public prosecutor and perused the case diary. it was argued that articles of strithan have already been returned, learned public prosecutor states that same of the articles are stile to be returned. although there is no mention of articles in f.i.r. as well as in the statement of the complainant. 2. taking into consideration the entire facts and circumstances of the case, it is just and proper to grant bail to the petitioner under section 438 cr.p.c. 3. therefore, the sho of police station thanagaji, alwar is directed that in the event of arrest of petitioner pappu ram s/o dhanna ram in fir no. 138/2002 of aforesaid police station be released on bail provided he furnishes a personal bond in the sum of rs. 20,000/- (rs. twenty thousand) with one sound surety of rs. 20,000/- to the satisfaction of concerned sho on the following conditions :- 1. that the petitioner shall make himself available for interrogation by a police officer as and when required; 2. that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and 3. that the petitioner shall not leave india without previous permission of the court.

Full Judgment

Goyal, J.

1. Heard learned counsel for the petitioner learned Public Prosecutor and perused the case diary. It was argued that articles of strithan have already been returned, learned Public Prosecutor States that same of the articles are stile to be returned. Although there is no mention of articles in F.I.R. as well as in the statement of the complainant.

2. Taking into consideration the entire facts and circumstances of the case, it is just and proper to grant bail to the petitioner under Section 438 Cr.P.C.

3. Therefore, the SHO of Police Station Thanagaji, Alwar is directed that in the event of arrest of petitioner Pappu Ram s/o Dhanna Ram in FIR No. 138/2002 of aforesaid police station be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- (Rs. Twenty thousand) with one sound surety of Rs. 20,000/- to the satisfaction of concerned SHO on the following conditions :-

1. that the petitioner shall make himself available for interrogation by a Police Officer as and when required;

2. that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any Police Officer; and

3. that the petitioner shall not leave India without previous permission of the court.

Same Court & Year Rajasthan · 2003 Same Parties Pappu Ram vs State of Rajasthan Same Subject Criminal Same Judge A.C. Goyal, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indi...

Criminal